The Process Of How A Bill Becomes A Law

how a bill becomes a law review

In the United States, the process of a bill becoming a law involves several steps and can vary in duration from hours to a century. The journey begins with the drafting of the bill, which can be initiated by a member of the House of Representatives or the Senate, or even proposed by citizens. Once introduced, the bill undergoes scrutiny by committees and subcommittees, who may suggest amendments. The bill then returns to the full House or Senate for further debate and approval, before being passed on to the other chamber for a similar process. If both chambers approve, they must reconcile any differences, and the bill is then presented to the President for approval or veto. If vetoed, Congress can attempt to override it with a two-thirds majority vote in both chambers.

Characteristics Values
Number of steps 9
Who can draft a bill? Any member of Congress from the Senate or the House of Representatives or citizens and advocacy groups
Who introduces a bill? A sponsor from the House of Representatives or the Senate
Where is a bill introduced? The House or the Senate
What happens after introduction? The bill is referred to a committee
What does the committee do? Examines the bill, holds hearings, determines its chances of passage, and may refer it to a subcommittee
What happens after the committee stage? The bill goes through mark-up, where changes and amendments are made before recommending it to the "floor"
What happens on the floor? There is additional debate, and members vote to approve any amendments before passing or defeating the bill
What happens after the bill is passed by one chamber? It is referred to the other chamber, where it follows a similar route through committees and, finally, to the floor
What happens if the two chambers pass different versions of the bill? A conference committee is formed to resolve the differences and prepare a conference report with recommendations for the final bill
What happens after both chambers pass the same version of the bill? The bill is sent to the President for approval
What can the President do? Approve the bill, take no action, or veto it
What happens if the President vetoes the bill? Congress may attempt to override the veto with a two-thirds majority vote in both chambers, and if successful, the bill becomes a law

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How a bill is drafted

A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups.

Once the idea for a bill has been established, it must be drafted. Any member of Congress—either from the Senate or the House of Representatives—can draft a bill. These ideas come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors". When a Representative has written a bill, they will discuss it with other Representatives to gain their support.

Once a bill has a sponsor and the support of some Representatives, it is ready to be introduced. In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Only Representatives can introduce bills in the U.S. House of Representatives. When a bill is introduced in the U.S. House of Representatives, a bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, the process is slightly different. Members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO) and copies are made. Senate bills can be jointly sponsored, and members can co-sponsor the piece of legislation.

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The bill's introduction

Once a bill is introduced, it is assigned a number, for example, "H.R. 1" or "S. 1", depending on whether it was introduced in the House or the Senate, respectively. The bill is then labelled with the name of its sponsor, the primary Congress member supporting the bill. Other members of Congress can also cosponsor the bill.

After its introduction, the bill is sent to the Government Printing Office (GPO), where copies are made. The bill is then referred to a committee by the Speaker of the House or the presiding officer in the Senate. The referral decision is usually made by the House or Senate parliamentarian. Bills may be referred to more than one committee and may even be split so that parts are sent to different committees. The Speaker of the House may set time limits on committees. Bills are placed on the calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to killing it.

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Committee and subcommittee review

Once a bill has been introduced, it is referred to a committee. Committees are groups of Congress members with a particular interest in a given topic, such as health or international affairs. The Speaker of the House or the presiding officer in the Senate will refer the bill to the appropriate committee. Bills may be referred to more than one committee, and parts of a bill may be sent to different committees. The Speaker of the House may set time limits on committees.

Committees will review, research, and revise the bill before voting on whether or not to send it back to the House floor. Committees can also hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered "dead".

Committees are often further divided into subcommittees, which have further specialization on a certain topic. Committees may refer bills to a subcommittee for study and hearings. The subcommittee will closely examine the bill and may request reports from government agencies and hold hearings to gather the views of experts and interested parties. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. After the subcommittee concludes its hearings, the measure then goes through a "'mark-up' session, where the subcommittee goes through the entire bill, considering amendments, deleting sections, and revising language.

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Voting on the bill

Once a bill has been debated, and possibly amended on the floor of either the House or Senate, it then goes to a vote. There are three methods for voting on a bill in the U.S. House of Representatives:

  • Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
  • Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
  • Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate.

If the bill passes in one chamber of Congress, it goes to the other chamber to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

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The bill becomes a law

Before a bill can become a law, it must be approved by the U.S. House of Representatives, the U.S. Senate, and the President. The process begins with the introduction of the bill in Congress. A bill may be introduced by a single Member of Congress (the sponsor) or by a group of Members (sponsor and co-sponsors), in either the House of Representatives or the Senate. Depending on which chamber the bill is introduced, it is given a chamber designation and a number.

Once a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with particular interests in different topics. When a bill is with the committee, it is carefully examined, and hearings may be held to better understand the bill's implications. The committee may also choose to refer the bill to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee.

After the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor". If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' vote.

If the bill passes in one body of Congress, it is referred to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the President.

Frequently asked questions

A bill is a proposal for a new law or a change to an existing law.

The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups.

There are 9 steps a bill can go through before becoming a law. The bill must be drafted, introduced, assigned to a committee, reviewed by a subcommittee, marked up, voted on, referred to the other chamber, sent to the president, and potentially vetoed.

If the president does nothing for 10 days and Congress is in session, the bill automatically becomes law. If Congress is not in session, the bill does not become a law, and it is called a "pocket veto".

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